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FLYING J, INC. v. VAN HOLLEN

No. 09-1883.

578 F.3d 569 (2009)

FLYING J, INC., Plaintiff-Appellee, v. J.B. VAN HOLLEN, Attorney General of Wisconsin, et al., Defendants. Wisconsin Petroleum Marketers & Convenience Store Association, Proposed Intervenor-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 2009.

Attorney(s) appearing for the Case

Jonathan A. Dibble, John W. Mackay (argued), Ray Quinney & Nebeker, P.C., Salt Lake City, UT, Jon E. Fredrickson, Attorney, Kravit, Hovel, Krawczyk & Leverson, Milwaukee, WI, for Plaintiff-Appellee.

William M. Conley (argued), Attorney, Foley & Lardner, Madison, WI, for Proposed Intervenor-Appellant.

Before POSNER, RIPPLE, and KANNE, Circuit Judges.

POSNER, Circuit Judge.

The Wisconsin Uniform Sales Act, Wis. Stat. § 100.30, forbids retail sellers of gasoline to sell their product below cost plus a markup equal to the higher of 6 percent of the retailer's cost or 9.18 percent of the wholesale price of the product. The Act authorizes injunctive and monetary remedies both in suits by the state, and in private suits by persons injured by a violation of the Act. Id., §§ 100.30(4), (5), (5m)...

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